Underage person could not consent to sex even if they "appeared to be an enthusiastic participant", judge tells jury

A jury at the Central Criminal Court has begun deliberating in a rape trial involving two teenagers at a nightclub in County Donegal on 23 December 2010. The accused, now 20 years old, pleaded not guilty to rape and sexual assault of a 14-year-old girl. Justice Margaret Heneghan instructed the jury that a person under 15 cannot legally consent to sexual activity, regardless of apparent willingness. The complainant testified she was pushed into a toilet cubicle where the accused restrained her against a wall and raped her. She stated she did not consent and asked him to stop and release her. The defence suggested consensual contact that escalated, which the complainant denied. The accused told gardaí he had no recollection of being in the female toilet. The jury of seven men and five women commenced deliberations following the judge's charge.